2006 (3) TMI 371 - AT - Central Excise

Summary

Issues:
1. Appeal No. E/3459/02: Deduction towards freight claimed by the respondents.
2. Appeal No. E/3460/02: Deductions towards sales tax and freight for the period Oct. 1996 to March, 1997.

Analysis:

Appeal No. E/3459/02:
- The first issue in this appeal pertains to the deduction towards freight claimed by the respondents. Initially, a CA certificate showed a specific amount for freight from the factory to various branches. Upon remand, a final CA certificate included additional amounts for freight from depots/branches to the place of delivery. The total amount claimed was Rs. 1,12,84,572/-. The lower authority accepted this claim after a de novo consideration, finding the explanation satisfactory and legal, leading to no interference required.
- The applicant Commissioner raised other issues like clearing and forwarding charges, insurance premium, and deduction towards taxes based on the summary of the CA certificate. However, the respondents demonstrated through invoices and related statements that they claimed only admissible amounts, supported by the decision in Escorts JCB Ltd. v. CCE, Delhi-II. The department failed to provide evidence to counter these contentions, leading to the rejection of the department's appeal as the grounds were deemed unsustainable.

Appeal No. E/3460/02:
- In this appeal, the issues raised concern deductions towards sales tax and freight for the period Oct. 1996 to March, 1997. The deduction for sales tax was found to be based on actuals, supported by CA certificates presented by the learned Advocate. Regarding the deduction for freight, claims were made only up to 27-9-1996. After a law amendment declaring the depot as the place of removal, deductions were made only for freight from depots to places of delivery, which was deemed legal. Consequently, the impugned order passed by the lower appellate authority was upheld, leading to the dismissal of Appeal No. E/3460/02.

This detailed analysis of the judgment showcases the thorough consideration of the issues raised in each appeal, the evidence presented by the parties, and the legal reasoning behind the decisions made by the tribunal.